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N.V.ANJARIA
Mahendrasinh Bharatsinh Chudavat – Appellant
Versus
Cosmos Cooperative Bank Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner Nos.1 and 2:Mr. Shashvata U. Shukla, Advocate
For the Respondent No.1:Mr. G.M. Joshi, Advocate

ORDER (ORAL)

N.V. Anjaria, J.—Heard learned advocate Mr. Shashvata Shukla for the petitioners and learned advocate Mr. G. M. Joshi for the respondent Bank.

2. The challenge in this petition is essentially directed against the measures taken by the respondent Bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In this regard, it is prayed to set aside notice dated 18.09.2015 issued by the respondent Bank and further to set aside the action of the respondent Bank in taking symbolic possession of the secured assets. The petitioners seek a declaration that the respondent Bank does not have any authority to dispossess the petitioners who are the lawful tenants of the premises in question. Another prayer is made to restrain the respondent Bank from taking coercive measures in respect of the properties.

3. Referring to the facts in brief, it is stated by the first petitioner that he took on 08.09.2010 the property described as Flat No.302, Chinmay Tower, Near Subhash Chowk, Memnagar, Ahmedabad on lease from its owner one Dilipbhai Chandulal Patel and that he was regularly paying the rent. It appears that the petitioner filed



















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